Duchy of Cornwall Bill (HL Bill 13)

1 Succession to the title Duke of Cornwall

Whereas in accordance with the Charter of 1337 (Regnal 11 Edward 3) (“the
Charter”) the title Duke of Cornwall devolves on the eldest living son of the
monarch being heir to the throne, this shall be varied such that the title of Duke
5of Cornwall shall be passed to the eldest living child of the monarch being heir
to the throne, regardless of gender.

2 Presumption of Crown Immunity

Following the passage of this Act, future enactments shall specifically address
whether the Duchy of Cornwall is bound, and to what extent, with the
10presumption that an Act shall extend to the Duchy unless expressly stated
otherwise.

3 Tax status of the Duchy of Cornwall

(1) For the purposes of income tax, the Duchy of Cornwall shall be regarded as
settled property in accordance with section 466 of the Income Tax Act 2007
15(meaning of “settled property”) and subject to income tax accordingly.

(2) For the purposes of capital gains tax, the Duchy shall be regarded as a
settlement in accordance with sections 60 and 68 of the Taxation of Chargeable
Gains Act 1992 (nominees and bare trustees; meaning of settled property) and
subject to capital gains tax accordingly.

4 5Exemptions and immunities

(1) Section 33(2)(c) of the Leasehold Reform Act 1967 (Crown land) is repealed.

(2) Section 94(11)(c) of the Leasehold Reform, Housing and Urban Development
Act 1993 (Crown land) is repealed.

(3) In section 47(1) of the Countryside Act 1968 (crown land) the words “or to the
10Duchy of Cornwall” are omitted.

(4) In section 50(4) of the Ancient Monuments and Archaeological Areas Act 1979
(application to Crown land) the words “or belonging to the Duchy of
Cornwall” are omitted.

(5) Section 50(4)(c) of the Ancient Monuments and Archaeological Areas Act 1979
15(application to Crown land) is repealed.

(6) In section 63(1)(a) of the Electricity Act 1989 (application to Crown land) the
words “or to the Duchy of Cornwall” are omitted.

(7) Section 63(4)(d) of the Electricity Act 1989 (application to Crown land) is
repealed.

(8) 20In section 74(1) of the Land Drainage Act 1991 (application to the Crown) the
words “to land belonging to the Duchy of Cornwall” are omitted.

(9) Section 74(2)(c) of the Land Drainage Act 1991 (application to the Crown) is
repealed.

(10) In section 13(1)(a) of Schedule 6 to the Land Registration Act 2002 (registration
25of adverse possessor) the words “or to the Duchy of Cornwall” are omitted.

(11) In the Planning Act 2008—

(a) section 227(4)(b) and (5)(e) (“Crown Land” and “the appropriate Crown
authority”) are repealed;

(b) references to the Duchy of Cornwall in—

(i) 30section 135(4)(b) (orders: Crown land),

(ii) section 227(2), (4)(b), and (5)(e) (“Crown land” and “the
appropriate Crown authority”), and

(iii) section 231(3)(b) (service of notices on the Crown and
Parliament),

35shall be omitted; and

(c) section 228(2)(b) (enforcement in relation to the Crown and Parliament)
is repealed.

(12) In section 52 of the Harbours Act 1964 (application of Act to Crown) all
references to the Duchy of Cornwall shall be omitted.

(13) 40In section 118(2)(c) of the Localism Act 2011 (regulations under section 117:
collection and enforcement), all references to the Duchy of Cornwall shall be
omitted.

5 Right to Royal Mines within Cornwall and the Isles of Scilly

(1) The right to gold or silver mines within Cornwall vests in the Crown.

(2) In section 37(6) of the Limitation Act 1980 (application to the Crown and the
Duke of Cornwall) the words “or of the Duke of Cornwall” are omitted.

6 5Right to Treasure Trove within Cornwall and the Isles of Scilly

The ownership of treasure, as defined by section 1 of the Treasure Act 1996
(meaning of “treasure”), within Cornwall and the Isles of Scilly shall vest in the
Crown notwithstanding the Duchy of Cornwall may be a franchisee as defined
in section 5 of the Treasure Act 1996 (meaning of franchisee).

7 10Right to bona vacantia within Cornwall and the Isles of Scilly

(1) The right to bona vacantia within Cornwall and the Isles of Scilly shall vest in
the Crown.

(2) In section 57(2) of the Administration of Estates Act 1925 (application to the
Crown) the words “or of any property for the time being belonging to the
15Duchy of Cornwall” are omitted.

(3) The Companies Act 2006 is amended as follows.

(4) In section 1012(1)(a) (property of dissolved company to be bona vacantia), the
words “or to the Duke of Cornwall” are omitted.

(5) In section 1012(1)(b), for “, to the Duchy of Lancaster or to the Duke of
20Cornwall” substitute “or to the Duchy of Lancaster”.

8 Right to escheat within Cornwall and the Isles of Scilly

The right to escheat within Cornwall and the Isles of Scilly shall vest in the
Crown.

9 The right of any attorney or solicitor appointed in the affairs of the Duchy of
25Cornwall

(1) Section 31 of the Stannaries Act 1855 (law clerk of the Duchy of Cornwall to act
as attorney or solicitor in all courts) is repealed.

(2) In section 88(1) of the Solicitors Act 1974 (saving for solicitors to public
departments and City of London) the words “or the Duchy of Cornwall” are
30omitted.

(3) Section 193(1)(d) of the Legal Services Act 2007 (solicitors to public
departments and City of London) is repealed.

10 Treasury Solicitor

The affairs of the Duchy of Cornwall or the Duke of Cornwall in right of the
35Duchy of Cornwall and any litigation in relation to which it or he is, or may be,
a party, are not matters in which the Crown has an interest and accordingly the
Treasury Solicitor constituted under the Treasury Solicitor Act 1876 (1876 c. 181876 c. 18)
may not, and any person in the Treasury Solicitor’s employ may not, give any

advice to, or bring or act in any proceedings on behalf of, the Duchy of
Cornwall, or any Duke of Cornwall in right of the Duchy of Cornwall.

11 Extent, commencement and short title

(1) This Act extends to the whole of the United Kingdom.

(2) 5This Act comes into force on the day on which it passed.

(3) This Act may be cited as the Duchy of Cornwall Act 2014.